Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

Yesterday, the Securities and Exchange Commission announced that it had “charged a California-based attorney and his wife with insider trading on confidential information obtained from a corporate client.” According to the...more

Expanding the law in New York governing the attorney client privilege, New York’s intermediate appellate court held last week that anticipated or pending litigation is not a necessary prerequisite to invoking the common...more

Key points:
- If a document attracts litigation privilege, it does not have to be produced to the other party in litigation as part of the disclosure process.
- The material must be confidential, made for the...more

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information?
In this digital age, smartphone technology has become essential and ubiquitous to business operations. But the...more

What happens when your agency’s lawyer sends out a confidential letter that is somehow leaked? A relatively recent decision by the Freedom of Information Commission [“FOIC”] appears to indicate that all is not lost, as...more

With the arrival of the new year, many are applying the mantra “out with the old, in with the new.” Although this may be motivational for personal resolutions, it does not generally apply in the context of law as last year’s...more

In Commodity Futures Trading Comm’n v. Weintraub, the United States Supreme Court noted that:
When control of a corporation passes to new management, the authority to assert and waive the corporation’s attorney-client...more

U.S. businesses are increasingly looking for growth opportunities abroad. A recent study showed that global businesses based in upstate New York achieved almost three times the growth rate and earned over 10% more in revenue...more

In two recent opinions, the Delaware Court of Chancery clarified the parameters and application of certain aspects of the attorney-client privilege under Delaware law. On November 15, 2013, the court decided Great Hill Equity...more

Consider this scenario: During routine due diligence for an impending transaction, the acquiring company learns that the business it is trying to buy has received a grand jury subpoena and is now conducting an internal...more

The pool of potential qui tam relators may have just shrunk a little, based on a recent decision by the 2nd Circuit Court of Appeals that has put the ability of in-house lawyers to become qui tam relators into serious...more

The US Court of Appeals for the Second Circuit recently affirmed the decision of the District Court for the Southern District of New York to disqualify Fair Laboratory Practices Associates (FLPA) from its qui tam suit against...more

Lawyers in every area run into clients who admit that they have not filed their tax returns. Among the many questions raised by this information are the following three, which come up nearly every time. This outline gives...more

Yesterday, I discussed whether an SEC attorney might commit an ethical violation by encouraging an attorney to disclose her client’s confidences. That discussion was prompted by a recent posting by Lawrence A. West...more

In its final rule on Disclosure of Records and Information published last week, the CFPB gave no ground on its position that it has discretionary authority to share confidential information with state attorneys general. This...more